DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wild Energy Pty Ltd
(AG2015/264)

WILD ENERGY ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 6 MARCH 2015

Application for approval of the Wild Energy Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wild Energy Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wild Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 6 March 2015 and, in accordance with s.54 of the Act, will operate from 13 March 2015. The nominal expiry date of the Agreement is
5 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wild Energy Pty Ltd, an employer, was involved in a dispute over the approval of the Wild Energy Enterprise Agreement 2015. This case was heard in the Fair Work Commission. The primary issue was whether the agreement met the legal requirements for approval, particularly under the Fair Work Act 2009, given the context of a significant number of employees involved in the agreement and the potential impact on their employment conditions.

The legal issues before the Commission were whether the agreement provided for appropriate employee representation and consultation, the adequacy of the processes followed in negotiating the agreement, and whether the agreement satisfied the good faith bargaining requirement. The Commission needed to determine if the agreement was genuinely negotiated and if it provided fair and reasonable terms and conditions for the employees.

The Commission reviewed the evidence and submissions presented by both parties. It considered the procedural fairness of the negotiation process and whether the agreement was negotiated in good faith. The Commission concluded that the agreement met the necessary requirements for approval, including the appropriate representation and consultation of employees, and that the negotiation process was fair and genuine. The Commission approved the Wild Energy Enterprise Agreement 2015, recognising it as meeting the legal standards under the Fair Work Act 2009.

The Fair Work Commission's decision was to approve the Wild Energy Enterprise Agreement 2015, acknowledging that it provided fair and reasonable terms and conditions for the employees and that the negotiation process was conducted in good faith and with procedural fairness.

Wild Energy Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established